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Thread: Open Carry on Personally Owned Property?

  1. #1
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    Is it legal to OC on your own property in SC? i.e. my own yard, driveway, house, etc.

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    UH Oh! I don't know of a South Carolina State Statute that allows one to carry on ones personally owned private property.

    Somewhere here http://www.scstatehouse.net/ is a URL that will alow you to research the statutes yourself.



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    Patiwack0 wrote:
    Is it legal to OC on your own property in SC? i.e. my own yard, driveway, house, etc.

    Yes.


    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;




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    Thank you sir! I was positive I had read it, but in trying to find it, I drew a brick wall..I have been carrying at home and outside on my property, then going CC when departing. I began to doubt myself....hence my question...Thanks again.

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    At first SC law on handguns can be confusing. Sec. 16-23-20 covers where it is legal to carry a handgun and makes no distinction between open or concealed and that is what throws people off on understanding it. For instance while hunting you can OC or CC, as long as you have a hunting license. It does not make any difference.

    A CWP makes in legal to carry concealed in all other places except those defined in Section 16-31 Article 4.

    These apply to handguns only and not to long guns, knives etc.

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    I'm sure this has been posted before but here is a good resource for the SC laws.

    http://www.handgunlaw.us/states/southcarolina.pdf

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    I open carry on my property all the time. It is not illegal to do so.

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    Here is a good question. Its probably obvious but I was curious.

    What if a gun owner lives in an apartment complex? Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

    I mean because technically the property owned by the leasing company in an apartment complex is private property. Its just not YOUR proerty, yet you have permission to be there due to a lease. As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

    My assumption is it only pertains to the leased space you are paying rent for. Whats your opinion on this?

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    thejax wrote:
    Here is a good question. Its probably obvious but I was curious.

    What if a gun owner lives in an apartment complex? Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

    I mean because technically the property owned by the leasing company in an apartment complex is private property. Its just not YOUR proerty, yet you have permission to be there due to a lease. As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

    My assumption is it only pertains to the leased space you are paying rent for. Whats your opinion on this?
    Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.

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    Hef wrote:
    thejax wrote:
    Here is a good question. Its probably obvious but I was curious.

    What if a gun owner lives in an apartment complex? Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

    I mean because technically the property owned by the leasing company in an apartment complex is private property. Its just not YOUR proerty, yet you have permission to be there due to a lease. As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

    My assumption is it only pertains to the leased space you are paying rent for. Whats your opinion on this?
    Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.
    Why is that? Is that because I intending on going on a journey with a destination and going to the mailboxes is not? Throw me a bone here.

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    thejax wrote:
    Hef wrote:
    thejax wrote:
    Here is a good question. Its probably obvious but I was curious.

    What if a gun owner lives in an apartment complex? Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

    I mean because technically the property owned by the leasing company in an apartment complex is private property. Its just not YOUR proerty, yet you have permission to be there due to a lease. As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

    My assumption is it only pertains to the leased space you are paying rent for. Whats your opinion on this?
    Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.
    Why is that? Is that because I intending on going on a journey with a destination and going to the mailboxes is not? Throw me a bone here.
    South Carolina statutes allow unlicensed carry in your home, your fixed place of business (as long as the business is not licensed to sell alcohol for on-premise consumption), your vehicle (in your glove box, center console, or a container with an integral fastener), a room for which an accommodations tax has been paid, or between your vehicle and any of the abovementioned locations. Method of carry to/from your vehicle is not specified. Carrying in public under any other conditions is only lawful when concealed and with a valid SC CWP.

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    Quote Originally Posted by Hef View Post
    thejax wrote:
    South Carolina statutes allow unlicensed carry in your home, your fixed place of business (as long as the business is not licensed to sell alcohol for on-premise consumption), your vehicle (in your glove box, center console, or a container with an integral fastener), a room for which an accommodations tax has been paid, or between your vehicle and any of the abovementioned locations. Method of carry to/from your vehicle is not specified. Carrying in public under any other conditions is only lawful when concealed and with a valid SC CWP.
    My daughter recently rented an apartment in Charleston, and in the lease agreement it states "You and your occupants/guests may not ... possess a weapon prohibited by state law; dischar a firearm in hte apartment community; display or possess a gun, knife, or other weapon in the common area "

    I had to explain to her that this did not mean she could not possess or carry one. However my CWP instructor who is a close family friend suggested that even though you CAN carry it to your car, that concealing it is always the best option. I wear mine OC when working on the yard, hanging around the house, and sometimes on the rare occasion when my shirt hitches up getting out of the car and I dont realize it.

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    Quote Originally Posted by Stamp Jockey View Post
    My daughter recently rented an apartment in Charleston, and in the lease agreement it states "You and your occupants/guests may not ... possess a weapon prohibited by state law; dischar a firearm in hte apartment community; display or possess a gun, knife, or other weapon in the common area "

    I had to explain to her that this did not mean she could not possess or carry one. However my CWP instructor who is a close family friend suggested that even though you CAN carry it to your car, that concealing it is always the best option. I wear mine OC when working on the yard, hanging around the house, and sometimes on the rare occasion when my shirt hitches up getting out of the car and I dont realize it.
    Welcome to OCDO and to carrying a weapon in South Carolina. Your purposes might be better served by starting your own thread.

    Openly carried guns not for special purposes like hunting, openly carried guns for self-defense are illegal in South Carolina.

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
    [ ... ]
    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
    [ ... ]"
    Last edited by Nightmare; 07-08-2017 at 07:31 AM.
    I am responsible for my writing, not your understanding of it.

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    Read the thread and understand the difference between carrying in a common area and your personal residence. It is a matter of real estate law as much as anything else.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Quote Originally Posted by Nightmare View Post
    Welcome to OCDO and to carrying a weapon in South Carolina. Your purposes might be better served by starting your own thread.

    Openly carried guns not for special purposes like hunting, openly carried guns for self-defense are illegal in South Carolina.

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
    [ ... ]
    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
    [ ... ]"
    OP would make a good attorney. Quoting part of a law, but leaving out the qualifier.

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    Doesn't Heller address these issues?

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Quote Originally Posted by countryclubjoe View Post
    Doesn't Heller address these issues?

    CCJ
    No, not anymore than Heller addresses the Sullivan Act.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Heller and McDonald should put all these issues to rest. If not ,than surely the 2nd, 9th and 14th amendments would apply.

    My .02
    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  19. #19
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    Wudda, shudda, cudda...you, my friend, are trapped in your east coast (NJ) conundrum. It is not your fault that you continue to reside in a anti-liberty state. Here in MO, which should be more like UT, individual liberty is cherished, not scorned. Charles chooses to reside in a very liberty centric state. I, on the other hand reside in a state that recognizes my individual liberty far more than my home state of SC. I envy Charles...I am to ingrained in my returning to my ancestral plot to move further west than Columbia SC.

    We could all learn a great deal from the efforts of the citizens of UT. Me thinking "aloud" so to speak as I read of the latest events here in MO...STL area to be specific.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Wudda, shudda, cudda...you, my friend, are trapped in your east coast (NJ) conundrum. It is not your fault that you continue to reside in a anti-liberty state. Here in MO, which should be more like UT, individual liberty is cherished, not scorned. Charles chooses to reside in a very liberty centric state. I, on the other hand reside in a state that recognizes my individual liberty far more than my home state of SC. I envy Charles...I am to ingrained in my returning to my ancestral plot to move further west than Columbia SC.

    We could all learn a great deal from the efforts of the citizens of UT. Me thinking "aloud" so to speak as I read of the latest events here in MO...STL area to be specific.
    Sorry for the swerve into UT. Just thinking how I could motivate my kin folk into getting SC to be more like MO...heck, more like UT.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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